Changes to Form I-9 and Compliance

A review of these changes and additional information on Employment Eligibility Verification procedures are discussed in the CIS's newly revised Handbook for Employers, available at http://www.uscis.gov/files/nativedocuments/m-274.pdf.

Moreover, U.S. Immigration and Customs Enforcement (ICE) has dramatically increased its efforts to combat the unlawful employment of unauthorized aliens in the United States by investigating and prosecuting employers who knowingly hire such aliens.

In 2007, ICE secured criminal fines, restitutions and civil judgments in worksite enforcement investigations in excess of $30 million and made 863 criminal arrests (which included 59 business owners and 33 lower-level managers) and 4,077 administrative arrests.

• Instituting or updating written Form I-9 policies and procedures;
• Training personnel on Form I-9 compliance;
• Conducting periodic self-audits of Form I-9's and Form I-9 record-keeping; and,
• Developing a written plan for responding to government inquiries, from I-9 audits, and raids.

Grzeca Law Group actively assists employers with these programs.  Please do not hesitate to contact our office for more information.

As you may know, all available H-1B Visas were exhausted last year in the first two days of availability.  In fact, the amount of petitions received on those first two days nearly doubled the 65,000 available visas for this year.  U.S. Citizenship and Immigration Services (CIS) resorted to a random lottery system to determine which petitions would be accepted for final processing. 

 

Our sources indicate that we will be facing a similar situation for H-1B Visas for Fiscal Year 2009.  Our office plans to file all H-1B Petitions with CIS on the first day of acceptance, Tuesday, April 1, 2008.  Because we anticipate that this will be the only opportunity for companies to request H-1B visas for FY 2009, we are encouraging all our clients to plan ahead.

 

We are suggesting that you commence recruitment efforts as soon as possible for any positions that may be filled by individuals requiring H-1B sponsorship.  In addition, any foreign nationals that are currently employed pursuant to Optional Practical Training (OPT) typically requires H-1B sponsorship after their Employment Authorization Document (EAD) expires (usually one year after issuance).  As we know that these employees are often crucial members to your teams, please contact our office to start the visa application process for them as soon as possible.

 

Finally, as we continue in the fight for comprehensive immigration reform, government offices need to feel the pressure from businesses that are directly affected.  Please contact your local government to make a plea for immigration reform that promotes the success of businesses in the U.S. and ensures your continued access to available visas for your valued employees.  Your voice is imperative in a movement toward change.

 

The U.S. Passport Card is the new alternative to a U.S. passport for individuals reentering the U.S. at land and sea ports-of-entry after travel to Canada, Mexico, the Caribbean and Bermuda.  However, this card cannot be used by individuals traveling by air.  The validity periods for these cards will be ten years for adults and five years for children 15 and younger. 

 

U.S. citizens were able to submit applications for the passport card as of February 1, 2008.  The Department of State anticipates that these cards will be available in Spring 2008 and mailed directly to the applicants, once their applications are approved.

 

You can find more information regarding the U.S. Passport Card at the following website:  http://travel.state.gov/passport/ppt_card/ppt_card_3926.html.